U.S. Department of Justice
                                               Civil Rights Division
DJ 192-06-00015                              
                                               Coordination and Review Section
                                               P.O. Box 66118
                                               Washington, D.C. 20035-6118
                                            
                                                APR 21 1992

Mr. James D. Harris
Deputy Attorney General
Office of the Attorney General
State of New Jersey
3rd Floor, West Wing
25 S. Market Street, CN 081
Trenton, New Jersey 08625

Dear Mr. Harris:

        This letter responds to your letter to John L. Wodatch,
Director, office on the Americans with Disabilities Act, in which
you seek clarification on the application of title I of the
Americans With Disabilities Act (ADA) to State governments.

        Title I of the ADA, which prohibits discrimination on the
basis of disability by an employer in its employment practices,
becomes effective on July 26, 1992, for employers with twenty-
five or more employees. As all States employ more than twenty-
five employees, title I will apply to all State governments after
that date.

        Additionally, title II of the ADA prohibits discrimination
on the basis of disability in all programs, services, and
activities of a State government, including its employment
practices. Title II became effective on January 26, 1992.
Although the Department of Justice title II regulation does
incorporate title I's substantive standards with respect to a
State's employment practices, these standards will not be
applicable to State governments until July 26, 1992, the date
that title I becomes effective. In the interim, the Department
of Justice coordination regulation for federally assisted
programs (28 C.F.R. Part 41) as implemented by the Department's
section 504 regulation for its federally-assisted programs (28
C.F.R. Part 42, Subpart G), will be applied to complaints of
employment discrimination under title II.















- 2 -

        We hope this letter responds to your concerns. Should you
require additional information, please call Louis M. Stewart of
my staff at (202) 616-7779.

                                Sincerely,

                                Stewart B. Oneglia
                                        Chief
                           Coordination and Review Section
                                Civil Rights Division